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Does the biological parent need to consent to adult adoption in California?

2 min readHelping families since 2001California
In this answer · 5 sections

No. Birth parents do not have to consent to an adult adoption in California. The adoption is an agreement between the adopting adult and the adult being adopted, and a spouse or domestic partner on either side may also need to consent.

Who signs

PersonTheir part in the paperwork
Adopting adultAgrees to become the parent and signs the adoption agreement.
Adult adopteeAgrees to become the child and signs the adoption agreement.
Each party's spouse or domestic partnerSigns a consent, unless an exception applies and is shown to the court.
Adoptee's birth parents or adult childrenNo consent needed. Their names go in the petition, and the court may let them know about the hearing.

Family Code section 9302 covers a married adoptee's spouse consent and says the proposed adoptee's parents need not consent. California Courts' current guide explains spouse or domestic-partner consent on both sides of the adoption and says an exception needs to be shown to the court.

The spouse consent is its own document, separate from the adoption agreement, and a birth parent's signature isn't a stand-in for it. Match each signer to their role before collecting signatures.

Sonoma's adult-adoption packet shows this well, with separate consents for the adopting adult's spouse and the adoptee's spouse. Counties use their own local forms, so check your county's version.

If a spouse can't or won't sign, or an exception may apply, raise it with the court's self-help center before filing and ask what declaration or request your court wants. Each person signs only their own consent.

Keep relationship status accurate in the petition, and update the packet if anything changes while the case is pending.

No birth-parent consent is needed, but the court guide says birth parents or adult children may be told about the hearing and allowed to provide information. Gather accurate petition information and follow the court's instructions. The California notice guide covers planning for a sensitive family situation.

Scheduling and timeline · Eligibility · Documents and filing · Ages and parent-child roles · Later-life planning · Who adopts whom · Notice and privacy.

Adult adoption in California at a glance

Court
Superior Court
Typical timeline
2-3 months
Court filing fee
$20 to file the adult-adoption petition, according to California Courts. Confirm copy and other charges with your court.
California families we've helped
1,219

Full California guide →

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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